Transportation Law Final.docx

TRANSPORTATION LAW Penalties and Offences under the Railways Act,1989.

MARCH 10, 2019 B.A, LL.B (H) SEM 8 YEAR 4

SYNOPSIS TOPIC – Analysis of the Offences and Penalties under the Railways Act,1989 AREA

– Railways Act,1989.

GEOGRAPHICAL SPECIFICATION – This act applies to the whole of India. OBJECTIVES- To analyze and learn about the offences and their relevant penalties under the Railways Act,1989. RESEARCH QUESTIONS- 1. What are the Offences under this act? 2. What are the Penalties levied on those offences?

INTRODUCTION LEGISLATIVE PROVISIONS

Chapter XV provides for the Offences And Penalties under the Railways Act,1989. 137. Fraudulently travelling or attempting to travel without proper pass or ticket. 138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance. 139. Power to remove persons. 140. Security for good behaviour in certain cases. 141. Needlessly interfering with means of communication in a train. 142. Penalty for transfer of tickets. 143. Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets. 144. Prohibition on hawking, etc., and begging. 145. Drunkenness or nuisance. 146. Obstructing railway servant in his duties. 147. Trespass and refusal to desist from trespass. 148. Penalty for making a false statement in an application for compensation. 149. Making a false claim for compensation. 150. Maliciously wrecking or attempting to wreck a train. 151. Damage to or destruction of certain railway properties. 152. Maliciously hurting or attempting to hurt persons travelling by railway. 153. Endangering safety of persons travelling by railway by wilful act or omission. 154. Endangering safety of persons travelling by railway by rash or negligent act or omission. 155. Entering into a compartment reserved or resisting entry into a compartment not reserved. 156. Travelling on roof, step or engine of a train.

157. Altering or defacing pass or ticket. 158. Penalty for contravention of any of the provisions of Chapter XIV. 159. Disobedience of drivers or conductors of vehicles to directions of railway servant, etc. 160. Opening or breaking a level crossing gate. 161. Negligently crossing unmanned level crossing. 162. Entering carriage or other place reserved for females. 163. Giving false account of goods. 164. Unlawfully bringing dangerous goods on a railway. 165. Unlawfully bringing offensive goods on a railway. 166. Defacing public notices. 167. Smoking. 168. Provision with respect to commission of offence by the children of acts endangering safety of person travelling on railway. 169. Levy of penalty on non-Government railway. 170. Recovery of penalty. 171. Section 169 or 170 not to preclude Central Government from taking any other action. 172. Penalty for intoxication. 173. Abandoning train, etc., without authority. 174. Obstructing running of train, etc. 175. Endangering the safety of persons. 176. Obstructing level crossing. 177. False returns. 178. Making a false report by a railway servant. 179. Arrest for offences under certain sections. 180. Arrest of persons likely to abscond, etc.

PROVISIONS IN DETAIL 137. Fraudulently travelling or attempting to travel without proper pass or ticket.—(1) If any person, with intent to defraud a railway administration,— (a) enters or remains in any carriage on a railway or travels in a train in contravention of section 55, or (b) uses or attempts to use a single pass or a single ticket which has already been used on a previous journey, or in the case of a return ticket, a half thereof which has already been so used, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to

one thousand rupees, or with both: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees. (2) The person referred to in sub-section (1) shall also be liable to pay the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelled, or where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or, in case of their having been examined more than once, were last examined. (3) The excess charge referred to in sub-section (2) shall be a sum equal to the ordinary single fare referred to in that sub-section or 1 [two hundred and fifty rupees], whichever is more. (4) Notwithstanding anything contained in section 65 of the Indian Penal Code (45 of 1860), the court convicting an offender may direct that the person in default of payment of any fine inflicted by the court shall suffer imprisonment for a term which may extend to six months. 138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance.—(1) If any passenger,— (a) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being made therefor under section 54, or (b) travels in a train in contravention of the provisions of section 55, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelled or, where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or, if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or in the case of their having been examined more than once, were last examined. (2) If any passenger,— (a) travels or attempts to travel in or on a carriage, or by a train, of a higher class than that for which he has obtained a pass or purchased a ticket; or (b) travels in or on a carriage beyond the place authorised by his pass or ticket, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, any difference between the fare paid by him and the fare payable in respect of the journey he has made and the excess charge referred to in subsection (3). (3) The excess charge shall be a sum equal to the amount payable under sub-section (1) or sub-section (2), as the case may be, or 1 [two hundred and fifty rupees], whichever is more: Provided that if the passenger has with him a certificate granted under sub-section (2) of section 55, no excess charge shall be payable. (4) If any passenger liable to pay the excess charge and the fare mentioned in sub-section (1), or the excess charge and any difference of fare mentioned in sub-section (2), fails or refuses to pay the same on a demand being made therefor under one or other of these sub-sections, as the case may be, any railway servant authorised by the railway administration in this behalf may apply to any Metropolitan Magistrate or a Judicial Magistrate of the first or second class, as the case may be, for the recovery of the sum payable as if it were a fine, and the Magistrate if satisfied that the sum is payable shall order it to be so recovered, and may order that the person liable for the payment shall in default of payment suffer imprisonment of either description for a term which may extend to one month but not less than ten days. (5) Any sum recovered under sub-section (4) shall, as and when it is recovered, be paid to the railway administration. 139. Power to remove persons.—Any person failing or refusing to pay the fare and the excess charge referred to in section 138 may be removed by any railway servant authorised in this behalf who may call to his aid any other person to effect such removal: Provided that nothing in this section shall be deemed to preclude a person removed from a carriage of a higher class from continuing his journey in a carriage of a class for which he holds a pass or ticket: Provided

further that a woman or a child if unaccompanied by a male passenger, shall not be so removed except either at the station from where she or he commences her or his journey or at a junction or terminal station or station at the headquarters of a civil district and such removal shall be made only during the day. 140. Security for good behaviour in certain cases.—(1) When a court convicting a person of an offence under section 137 or section 138 finds that he has been habitually committing or attempting to commit that offence and the court is of the opinion that it is necessary or desirable to require that person to execute a bond for good behaviour, such court may, at the time of passing the sentence on the person, order him to execute a bond with or without sureties, for such amount and for such period not exceeding three years as it deems fit. (2) An order under sub-section (1) may also be made by an appellate court or by the High Court when exercising its powers of revision. 141. Needlessly interfering with means of communication in a train.—If any passenger or any other person, without reasonable and sufficient cause, makes use of, or interferes with, any means provided by a railway administration in a train for communication between passengers and the railway servant in charge of the train, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a passenger, without reasonable and sufficient cause, makes use of the alarm chain provided by a railway administration, such punishment shall not be less than— (a) a fine of five hundred rupees, in the case of conviction for the first offence; and (b) imprisonment for three months in case of conviction for the second or subsequent offence. 142. Penalty for transfer of tickets.—(1) If any person not being a railway servant or an agent authorised in this behalf— (a) sells or attempts to sell any ticket or any half of a return ticket; or (b) parts or attempts to part with the possession of a ticket against which reservation of a seat or berth has been made or any half of a return ticket or a season ticket, in order to enable any other person to travel therewith, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and shall also forfeit the ticket which he sells or attempts to sell or parts or attempts to part. (2) If any person purchases any ticket referred to in clause (a) of sub-section (1) or obtains the possession of any ticket referred to in clause (b) of that sub-section from any person other than a railway servant or an agent authorised in this behalf, he shall be punishable with imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees and if the purchaser or holder of any ticket aforesaid travels or attempts to travel therewith, he shall forfeit the ticket which he so purchased or obtained and shall be deemed to be travelling without a proper ticket and shall be liable to be dealt with under section 138: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the punishment under sub-section (1) or sub-section (2) shall not be less than a fine of two hundred and fifty rupees. 143. Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets— (1) If any person, not being a railway servant or an agent authorised in this behalf — (a) carries on the business of procuring and supplying tickets for travel on a railway or for reserved accommodation for journey in a train; or (b) purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the

tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees. (2) Whoever abets any offence punishable under this section shall, whether or not such offence is committed, be punishable with the same punishment as is provided for the offence. 144. Prohibition on hawking, etc., and begging.—(1) If any person canvasses for any custom or hawks or exposes for sale any article whatsoever in any railway carriage or upon any part of a railway, except under and in accordance with the terms and conditions of a licence granted by the railway administration in this behalf, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of one thousand rupees. (2) If any person begs in any railway carriage or upon a railway station, he shall be liable for punishment as provided under sub-section (1). (3) Any person referred to in sub-section (1) or sub-section (2) may be removed from the railway carriage or any part of the railway or railway station, as the case may be, by any railway servant authorised in this behalf or by any other person whom such railway servant may call to his aid. 145. Drunkenness or nuisance.—If any person in any railway carriage or upon any part of a railway— (a) is in a state of intoxication; or (b) commits any nuisance or act of indecency or uses abusive or obscene language; or (c) wilfully or without excuse interferes with any amenity provided by the railway administration so as to affect the comfortable travel of any passenger, he may be removed from the railway by any railway servant and shall, in addition to the forfeiture of his pass or ticket, be punishable with imprisonment which may extend to six months and with fine which may extend to five hundred rupees: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than— (a) a fine of one hundred rupees in the case of conviction for the first offence; and (b) imprisonment of one month and a fine of two hundred and fifty rupees, in the case of conviction for second or subsequent offence. 146. Obstructing railway servant in his duties.—If any person wilfully obstructs or prevents any railway servant in the discharge of his duties, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 147. Trespass and refusal to desist from trespass.—(1) If any person enters upon or into any part of a railway without lawful authority, or having lawfully entered upon or into such part misuses such property or refuses to leave, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees. (2) Any person referred to in sub-section (1) may be removed from the railway by any railway servant or by any other person whom such railway servant may call to his aid. 148. Penalty for making a false statement in an application for compensation.—If in any application for compensation under section 125, any person makes a statement which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 149. Making a false claim for compensation.—If any person requiring compensation from a railway administration for loss, destruction, damage, deterioration or non-delivery of any

consignment makes a claim which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 150. Maliciously wrecking or attempting to wreck a train.—(1) Subject to the provisions of sub-section (2), if any person unlawfully,— (a) puts or throws upon or across any railway, any wood, stone or other matter or thing; or (b) takes up, removes, loosens or displaces any rail, sleeper or other matter or things belonging to any railway; or (c) turns, moves, unlocks or diverts any points or other machinery belonging to any railway; or (d) makes or shows, or hides or removes, any signal or light upon or near to any railway; or (e) does or causes to be done or attempts to do any other act or thing in relation to any railway, with intent or with knowledge that he is likely to endanger the safety of any person travelling on or being upon the railway, he shall be punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a person is punishable with rigorous imprisonment, such imprisonment shall not be less than— (a) three years, in the case of a conviction for the first offence; and (b) seven years, in the case of conviction for the second or subsequent offence. (2) If any person unlawfully does any act or thing referred to in any of the clauses of sub-section (1)— (a) with intent to cause the death of any person and the doing of such act or thing causes the death of any person; or (b) with knowledge that such act or thing is so imminently dangerous that it must in all probability cause the death of any person or such bodily injury to any person as is likely to cause the death of such person, he shall be punishable with death or imprisonment for life. 151. Damage to or destruction of certain railway properties.—(1) If any person, with intent to cause, or knowing that he is likely to cause damage or destruction to any property of a railway referred to in sub-section (2), causes by fire, explosive substance or otherwise, damage to such property or destruction of such property, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both. (2) The properties of a railway referred to in sub-section (1) are railway track, bridges, station buildings and installations, carriages or wagons, locomotives, signalling, telecommunications, electric traction and block equipments and such other properties as the Central Government being of the opinion that damage thereto or destruction thereof is likely to endanger the operation of a railway, may, by notification, specify. 152. Maliciously hurting or attempting to hurt persons travelling by railway.—If any person unlawfully throws or causes to fall or strike at against, into or upon any rolling stock forming part of a train, any wood, stone or other matter or thing with intent, or with knowledge that he is likely to endanger the safety of any person being in or upon such rolling stock or in or upon any other rolling stock forming part of the same train, he shall be punishable with imprisonment for life, or with imprisonment for a term which may extend to ten years. 153. Endangering safety of persons travelling by railway by wilful act or omission.—If any person by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered the safety of any person travelling on or being upon any railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any railway, he shall be punishable with imprisonment for a term which may extend to five years. 154. Endangering safety of persons travelling by railway by rash or negligent act or omission.— If any person in a rash and negligent manner does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person

travelling or being upon any railway, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 155. Entering into a compartment reserved or resisting entry into a compartment not reserved.—(1) If any passenger— (a) having entered a compartment wherein no berth or seat has been reserved by a railway administration for his use, or (b) having unauthorisedly occupied a berth or seat reserved by a railway administration for the use of another passenger, refuses to leave it when required to do so by any railway servant authorised in this behalf, such railway servant may remove him or cause him to be removed, with the aid of any other person, from the compartment, berth or seat, as the case may be, and he shall also be punishable with fine which may extend to five hundred rupees. (2) If any passenger resists the lawful entry of another passenger into a compartment not reserved for the use of the passenger resisting, he shall be punishable with fine which may extend to two hundred rupees. 156. Travelling on roof, step or engine of a train.—If any passenger or any other person, after being warned by a railway servant to desist, persists in travelling on the roof, step or footboard of any carriage or on an engine, or in any other part of a train not intended for the use of passengers, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both and may be removed from the railway by any railway servant. 157. Altering or defacing pass or ticket.—If any passenger wilfully alters or defaces his pass or ticket so as to render the date, number or any material portion thereof illegible, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. 158. Penalty for contravention of any of the provisions of Chapter XIV.—Any person under whose authority any railway servant is employed in contravention of any of the provisions of Chapter XIV or of the rules made thereunder, shall be punishable with fine which may extend to five hundred rupees. 159. Disobedience of drivers or conductors of vehicles to directions of railway servant, etc.— If any driver or conductor of any vehicle while upon the premises of a railway disobeys the reasonable directions of any railway servant or police officer, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. 160. Opening or breaking a level crossing gate.—(1) If any person, other than a railway servant or a person authorised in this behalf, opens any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to three years. (2) If any person breaks any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to five years. 161. Negligently crossing unmanned level crossing.—If any person driving or leading a vehicle is negligent in crossing an unmanned level crossing, he shall be punishable with imprisonment which may extend to one year. Explanation.—For the purposes of this section, “negligence” in relation to any person driving or leading a vehicle in crossing an unmanned level crossing means the crossing of such level crossing by such person— (a) without stopping or caring to stop the vehicle near such level crossing to observe whether any approaching rolling stock is in sight, or (b) even while an approaching rolling stock is in sight.

162. Entering carriage or other place reserved for females.—If a male person knowing or having reason to believe that a carriage, compartment, berth or seat in a train or room or other place is reserved by a railway administration for the exclusive use of females, without lawful excuse,— (a) enters such carriage, compartment, room or other place, or having entered such carriage, compartment, room or place, remains therein; or (b) occupies any such berth or seat having been required by any railway servant to vacate it, he shall, in addition to being liable to forfeiture of his pass or ticket, be punishable with fine which may extend to five hundred rupees and may also be removed by any railway servant. 163. Giving false account of goods.—If any person required to furnish an account of goods under section 66, gives an account which is materially false, he and, if he is not the owner of the goods, the owner also shall, without prejudice to his liability to pay any freight or other charge under any provision of this Act, be punishable with fine which may extend to five hundred rupees for every quintal or part thereof of such goods. 164. Unlawfully bringing dangerous goods on a railway.—If any person, in contravention of section 67, takes with him any dangerous goods or entrusts such goods for carriage to the railway administration, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees or with both and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway. 165. Unlawfully bringing offensive goods on a railway.—If any person, in contravention of section 67, takes with him any offensive goods or entrusts such goods for carriage to the railway administration, he shall be punishable with fine which may extend to five hundred rupees and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway. 166. Defacing public notices.—If any person without lawful authority— (a) pulls down or wilfully damages any board or document set up or posted by the order of a railway administration on a railway or any rolling stock; or (b) obliterates or alters any letters or figures upon any such board or document or upon any rolling stock, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. 167. Smoking.—(1) No person in any compartment of a train shall, if objected to by any other passenger in that compartment, smoke therein. (2) Notwithstanding anything contained in subsection (1), a railway administration may prohibit smoking in any train or part of a train. (3) Whosoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with fine which may extend to one hundred rupees. 168. Provision with respect to commission of offence by the children of acts endangering safety of person travelling on railway.—(1) If a person under the age of twelve years is guilty of any of the offences under sections 150 to 154, the court convicting him may require the father or guardian of such person to execute, within such time as the court may fix, a bond for such amount and for such period as the court may direct for the good conduct of such person. (2) The amount of the bond, if forfeited, shall be recoverable by the court as if it were a fine imposed by itself. (3) If a father or guardian fails to execute a bond under sub-section (1) within the time fixed by the court, he shall be punishable with fine which may extend to fifty rupees. 169. Levy of penalty on non-Government railway.—If a non-Government railway fails to comply with, any requisition made, decision or direction given, by the Central Government, under any of the provisions of this Act, or otherwise contravenes any of the provisions of this

Act, it shall be open to the Central Government, by order, to levy a penalty not exceeding two hundred and fifty rupees and a further penalty not exceeding one hundred and fifty rupees for every day during which the contravention continues: Provided that no such penalty shall be levied except after giving a reasonable opportunity to the non-Government railway to make such representation as it deems fit. 170. Recovery of penalty.—Any penalty imposed by the Central Government under section 169, shall be recoverable by a suit in the District Court having jurisdiction in the place where the head office of the non-Government railway is situated. 171. Section 169 or 170 not to preclude Central Government from taking any other action.— Nothing in section 169 or 170 shall preclude the Central Government from resorting to any other action to compel a non-Government railway to discharge any obligation imposed upon it by or under this Act. 172. Penalty for intoxication.—If any railway servant is in a state of intoxication while on duty, he shall be punishable with fine which may extend to five hundred rupees and when the performance of any duty in such state is likely to endanger the safety of any person travelling on or being upon a railway, such railway servant shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 173. Abandoning train, etc., without authority.—If any railway servant, when on duty, is entrusted with any responsibility connected with the running of a train, or of any other rolling stock from one station or place to another station or place, and he abandons his duty before reaching such station or place without authority or without properly handing over such train or rolling stock to another authorised railway servant, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. 174. Obstructing running of train, etc.—If any railway servant (whether on duty or otherwise) or any other person obstructs or causes to be obstructed or attempts to obstruct any train or other rolling stock upon a railway,— (a) by squatting or picketing or during any rail roko agitation or bandh; or (b) by keeping without authority any rolling stock on the railway; or (c) by tampering with, disconnecting or interfering in any other manner with its hose pipe or tampering with signal gear or otherwise, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. 175. Endangering the safety of persons.—If any railway servant, when on duty, endangers the safety of any person— (a) by disobeying any rule made under this Act; or (b) by disobeying any instruction, direction or order under this Act or the rules made thereunder; or (c) by any rash or negligent act or omission, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. 176. Obstructing level crossing.—If any railway servant unnecessarily— (a) allows any rolling stock to stand across a place where the railway crosses a public road on the level; or (b) keeps a level crossing closed against the public, he shall be punishable with fine which may extend to one hundred rupees. 177. False returns.—If any railway servant required to furnish a return by or under this Act, signs and furnishes a return which is false in any material particular or which he knows or believes to be false, or does not believe to be true, he shall be punishable with imprisonment

which may extend to one year, or with fine which may extend to five hundred rupees, or with both. 178. Making a false report by a railway servant.—If any railway servant who is required by a railway administration to inquire into a claim for loss, destruction, damage, deterioration or non-delivery of any consignment makes a report which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. 179. Arrest for offences under certain sections.—(1) If any person commits any offence mentioned in sections 150 to 152, he may be arrested without warrant or other written authority by any railway servant or police officer not below the rank of a head constable. (2) If any person commits any offence mentioned in sections 137 to 139, 141 to 147, 153 to 157, 159 to 167 and 172 to 176, he may be arrested, without warrant or other written authority, by the officer authorised by a notified order of the Central Government. (3) The railway servant or the police officer or the officer authorised, as the case may be, may call to his aid any other person to effect the arrest under sub-section (1) or sub-section (2), as the case may be. (4) Any person so arrested under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate.] 180. Arrest of persons likely to abscond, etc.—(1) If any person who commits any offence under this Act, other than an offence mentioned in 2 [sub-section (2) of section 179], or is liable to pay any excess charge or other sum demanded under section 138, fails or refuses to give his name and address or there is reason to believe that the name and address given by him are fictitious or that he will abscond, 3 [the officer authorised] may arrest him without warrant or written authority. (2) 4 [The officer authorised] may call to his aid any other person to effect the arrest under sub-section (1). (3) Any person arrested under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate unless he is released earlier on giving bail or if his true name and address are ascertained on executing a bond without sureties for his appearance before the Magistrate having jurisdiction to try him for the offence. (4) The provisions of Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the giving of bail and the execution of bonds under this section.

JUDICIAL DECISIONS UNDER THE PROVISIONS OF THIS ACT The State Of Karnataka vs Lokesh Hegade on 19 February, 2018 Karnataka High Court JUDGMENT This appeal is preferred by the State challenging the acquittal of the respondents viz., accused Nos.1 to 3 for the offence under Section 174(a) of the Railways Act, 1989 read with Section 34 of the Indian Penal Code. The case of the prosecution is, on 22.11.2007 at about 11.50 a.m., accused No.3 along with 250-300 people entered into the Kabaka - Puttur Railway Station and detained Train No.651

for 70 minutes. Based on this allegation, a case was registered under Section 174(a) of the Railway Act, 1989. A complaint was filed before the Magistrate Court. Thereafter charge sheet was filed against three accused. In order to prove its case, the prosecution examined 5 witnesses and marked 9 documents. By the impugned order, the accused were acquitted. Hence, the present appeal. The learned Additional State Public Prosecutor contended that the Trial Court has misread the evidence and acquitted the accused and that the prosecution has proved its case beyond reasonable doubt. PW-1 is the Station Master of Kabaka - Puttur Railway Station and he has deposed about the incident as well as stoppage of the train, however, he has not identified the accused. The evidence of PW-2 was also disbelieved on the ground that there were improvements and various facts have been added in his evidence. PW-3 is a passenger, who does not identify the accused. PW-4 is the Pilot of the said train. Even though he speaks about the incident, he does not identify the accused. PW-5 is the Investigating Officer. He has stated that the complaint was with reference to 250 to 300 people. He has conducted the investigation and has obtained the names of 100 persons. Out of 100 persons, he has chosen only three persons to be the accused. There is no reason forthcoming as to why the remaining 97 persons were not arrayed as accused. There is also no acceptable evidence as to why only three out of said 100 people were treated as accused. Under these circumstances, the Trial Court acquitted the accused. I do not find any good ground to interfere with the well considered order passed by the Trial Court. None of the witnesses examined by the prosecution support their case. None of the witnesses have identified the accused. It would appear that the accused/respondents herein are wrongly inducted in this case. Even otherwise, I do not find any perversity that calls for interference. Consequently, the appeal being devoid of merit is dismissed. SD/JUDGE KNM/-

Bhawani Singh vs State Of Rajasthan Through P P on 26 November, 2013 Rajasthan High Court JUDGEMENT The short facts of the case are that accused petitioners are constable in Rajasthan Police. They were put on official duty with the then Superintendent of Police and also with District Collector, Sawai Madhopur. While the accused petitioners were travelling in the train from Sawai Madhopur to Gangapur City with the other constable and Superintendent of Police, Sawai Madhopur the concerned Railway Magistrate Squad, Kota also in train and unfortunately some stiff took place between the Superintendent of Police and concerned Railway Magistrate. The present petitioners were said to be without tickets and cognizance under Section 137 of Railway Act has been taken against them and it was written in the order-sheet that they be furnished bail bonds of Rs. 2,000/-. Meanwhile train reached Gangapur City station and Superintendent of Police took away them with him on which proceedings under Section 224 IPC were also initiated against the present petitioners. The contention of the petitioners is that cognizance has also been taken against Superintendent of Police for the offence under Section 120-B, 225 and 228 IPC which was quashed by the revisional court. The present petitioners are also in the same footing, hence cognizance against

them should also be quashed. Present petitioners were not working independently, they were under the control of Superintendent of Police and they have acted as per his orders they were having duty passes with them and were not without tickets. The other contention of the present petitioners is that the Railway Magistrate himself has taken cognizance and further initiated the proceedings which are against the provisions of Section 352 and 479 Cr.P.C., and an irregularity under Section 461 (L) which vitiates the whole proceedings. The other contention of the present petitioners is that charge-sheet has been filed against the present petitioners under Section 113 of the Indian Railways Act, 1890 which was not in force at the relevant time and as per provisions of Section 180F of the Railways Act, 1989 no competent complaint was filed before the Court and hence cognizance is bad in law. The present petitioners have also assailed the cognizance by way of revision but the revisional court has declined to examine the legality of the impugned order under Section 251 Cr.P.C. on the ground that cognizance has not been assailed and order passed under Section 251 Cr.P.C. for stating substance of accusation cannot be assailed hence the whole proceedings are bad in law and be quashed. Per contra, the contention of the Public Prosecutor is that there is no infirmity in the impugned orders. Present petitioners were found to be without tickets and they have been apprehended. They were ordered to furnish bail bonds, they left the custody of court, hence prima facie there was evidence for commission of offence of 137 of Railways Act, 1989 and 224 of IPC. His further contention is that co-accused Josh Mohan has been set free on technical ground. Defences under Section 195 and 340Cr.P.C. are not available to the present petitioners as Section 224 Cr.P.C. is not included in provisions under Section 195 Cr.P.C. Heard the learned counsel for the petitioners and learned Public Prosecutor and perused the impugned orders. The first contention of the present petitioner is that co-accused Josh Mohan has been set free and on parity, the present petitioners should also be discharged from the liability. As rightly pointed out by the present petitioners himself that bar under Section 195 Cr.P.C. will not govern the case of the present petitioners, hence the case of the present petitioners could not be put at parity with other co-accused Josh Mohan. The other contention of the present petitioners is that looking to the provisions of Section 352 and 479 Cr.P.C. that no one can be judge in his own cause the proceedings are being violated. Section 352 reads as under: 352. Certain Judges and Magistrates not to try certain offences when committed before themselves Except as provided in sections 344, 345, 349 and 350, no Judge of a Criminal Court (other than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 195, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such judge or magistrate in the course of a judicial proceeding. A bare reading of the above shows that bar of Section 352 operates only on trial by the same officer before whom the offence has been committed. Admittedly, the offence has been committed on 20.11.2007 and substance of accusation has been stated to the present petitioners on 25.11.2010 on which trial has been started and same Presiding Officer was not holding the charge of Railway Magistrate, hence provisions of Section 352 has not been violated. Section 479 speaks as under: 479. Cases in which Judge or Magistrate is personally interested. No Judge or Magistrate shall, except with the permission of the court to which an appeal lies from his court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

Explanation. A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case. Here in the present case, from any stretch of imagination, it cannot be held that the Railway Magistrate in his public capacity was personally interested in the matter and on the same the contention is unacceptable but for the sake of arguments, if it can be presumed that Magistrate was personally interested in the matter, the same Magistrate has not started the trial and hence protection of Section 479 Cr.P.C., is not available to the present petitioners and it cannot be termed as any irregularity under the provisions of Section 461 Cr.P.C. The other contention of the present petitioners is that revisional court has not acted in right manner. The revisional court cannot deny to examine the illegality or propriety of any findings. This was not good for the revisional court to say that if cognizance order has not been assailed, the order passed under Section 251 Cr.P.C could not be assailed. Looking to the fact that prima facie offence under Section 137 of Railway Act, and 224 IPC has been made out against the present petitioners and there is ample evidence to proceed against them, revision has rightly been dismissed. The other contention of the present petitioners is that had the Railway Court opted for the enquiry under Section 340 Cr.P.C., the whole case has to be inquired, it cannot be severed in part and when Josh Mohan has the protection of Section 340 Cr.P.C. and 195 Cr.P.C., the same protection may be awarded to the present petitioners and as stated earlier protection of Section 195 Cr.P.C. is not available to the present petitioners looking to the fact that cognizance has been taken for the offence under Section 137 of the Railways Act and 224 IPC and imaginary situation cannot be created in favour of the petitioners and this objection is not sustainable. The other contention of the present petitioners is that the initiation of proceedings is illegal as the charge-sheet Annex.6 has been filed under Section 112, 313 and 113(b) of Indian Railways Act 1890 which was not operative on the date of alleged offence and under the Indian Railways Act, 1989 cognizance can be taken only on the complaint made by the officer authorised. It is true that Annex. 6 has been titled as charge-sheet and some wrong provisions have been mentioned on the title of it but admittedly, complaint has been filed under Section 180-F of the Indian Railways Act, 1989 and present petitioners are aware of the fact that cognizance against has been taken for the offence under Section 137 Railways Act, 1989. Only by putting a title of charge-sheet, it cannot be termed as charge sheet as complaint has been defined in Section 2(d) Cr.P.C. as under: 2 (d) complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. A bare reading of Annex.6 speaks that allegations were made to the Magistrate with a view to take action on it for the offence under Section 137 Railway Act hence Annex.6 clearly falls under the definition of complaint and objections as regards to Section 180F of the Railway Act, 1989 is not sustainable. In view of the above, there is no merit in the petitions and petitions are liable to be dismissed. Hence dismissed. (NISHA GUPTA),J.

CONCLUSION This project helped me take into cognizance the various penalties and offences under the Railways Act,1989. The penalties levied are adequate for some offences in my opinion while for others they have room for increase or improvement. Overall Chapter XV provides a thorough understanding of the various offences along with the relevant penalties.

BIBLIOGRAPHY 1. http://legislative.gov.in/sites/default/files/A1989-24_0.pdf 2. http://www.indianrailways.gov.in/railwayboard/uploads/codesmanua l/Railway_Act.PDF 3. https://www.legalcrystal.com/cases/search/name:railways-act-section164 4. https://indiankanoon.org/doc/105611460/ 5. https://indiankanoon.org/doc/146189090/

INDEX 1. Synopsis a) Topic b) Area c) Geographical Specification d) Objectives e) Research Questions 2. Introduction a) Legislative Provisions b) Judicial Decisions 3. Conclusion 4. Bibliography